[3521 I lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl WEDNESDAY ,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE : PRESENT-. THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3792 OF 2O25 -..+ - Betwee n : Marri Sathibabu, s/o.Marri Tulasi, Aged 44 years, R/o Amberupadu village, lnjari panchaya, Pedabayalu Mandal, ASR District. Petitioner/A.3 AND The State of Andhra Pradesh, By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Narsipatnam Rural Police Station. Respondent petition under section 48O & 483 of Cr.P.C. and Under Section 437 & 439 of BNSS, 2023 is filed praying that in the circumstances Stated in the affidav'lt filed in support of the criminal Petition, the High Court may be pleased to enlarge the Petitioner/ A.3 on Regular Bail -ln connection with crime No. 13/2025 on the file of Narsipatanam Rural Police Station, Anakapalli District dated:24.01.2025. The petition/Appeal coming on for hearing, upon Perusing the Petition and the grounds filed in support thereof and upon hearing the arguments of sri puwALA SRINIVASA RAO Advocate for the Petitioner, PUBLIC PROSECUTOR (AP) for the Respondent and the Court made the following. APHCO10176282025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original JurisdI-CtiOn) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 3792/2025 [3521] Betwee n : MARRI SATHIBABU, S/O.MARRI TULASI, AGED 44 YEA'RS, R/O AwiMAREDE:,pAAsDRUDISTVii:A+FE INJARI PANCHAYAT.PEDABAYALU ...PETITIONER/ACCUSED AND THE STATE OF ANDHRA PRADESH, By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Narsipatnam Rural Police Station. H.RESPONDENT/COMPLAINANT Petition under section 437/438/439/482 of Cr.P.C and 528 of BNSS Praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to enlarge the Petitioner/ A.3 on Regular Bail in connection with crime No. 13/2025 on the file of Narsipatanam Rural Police Station, AnakapaIIi District dated:24.01.2o25 and Pass Counsel for the petitioner/accused: PUWALA SRINIVASA RAO Counsel for the Responcient/complainant: PUBLIC PROSECUTOR The Court made the following ORDER: The Criminal Petition has been filed under Sections 480 and 483 of the Bharatiya NagarI-k Suraksha SanhI'ta, 2023 (for brevI'ty {the BNSS'), seeking to 2 Dr.YLR,J C RL. P. N o_ 3792/2025 enlarge the petitioner/Accused No.3 on bail in Cr.No.13 of 2025 of Narsipatnam Rural Police Station, Anakapalli District, registered against the petitioner/Accused No.3 herein for the offence punishable under Section 20(b)(ii)(C) read with 8(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity fthe NDPS Act'). 2. The case of the prosecution in nutshell is that, On 24.01.2025 at about ll:00 hours, on credible information, the Sub-Inspector and his police along with his staff conducted vehicle checking and found two persons coming from chintapalli towards Nellimetta junction on Yamaha motorcycle bearing No.AP39RCO806 followed by a white Kia car bearing registration No.AP39SU5657. On seeing the police, the persons on the motorcycle and car tried td escape from the place but the police caught them and found 205 kgs of Ganja in 8 white colour plastic bags.` The Accused disclosed their identity and stated that they were transporting the Ganja. The police seized 205 kgs of Ganja, Kia car and black colour Yamaha FZ motorcycle, two 'android mobiles, two keypad mobiles and vehicle registration record. A case was registered. 3. Heard learned counsel for the petitioner and the learned Assistant Public Prosecutor. Perused the record. 4. Mr. Puvvala Srinivasa Rao, the learned counsel for the petitioner submits that the petitioner has not committed any offence; petitioner was falsely implicated by the police in the crime; petitioner is the sole breadwinner; / {,.-. h 3 Dr-YLR,J CRL.P`No.3792/2O25 petl[tjoner would abide by any condjtjons to be imposed by thI'S Court; and urged to allow the petI'tjOn. 5. Per confra, Ms. P. Akhila Naidu, the learned Assistant pubII'C prosecutor, opposed I-n gran{I|ng Of bail stating that some more material witnesses have to be examined,I investigation Its not COmPleted,I I-f the pet]|tl'oner is enlarged on bail, he would not be avallable for the investjgat['on and he would escape from the clutches of law,- and urged to djsm]|ss the ba" petition. 6. As seen from the record, the petjtI|Oner/Accused No.3 was I-ndulged jn transportatI-On and possession of 205 kgs of ganja. AIthough i{ js commercial quantity, the petitioner has been languishing in the jail since 24.01.2025 onwards, nearly 180 days he has been in the judicial custody. Ihe investI'gatiOn I-S not yet completed and charge sheet is not fI'Ied, 7. The learned Assistant public Prosecutor submits that there are no adverse antecedents against the petitioner/Accused No.1. 8. Section 36A(4), of tthe Ac{7 states that if the investigation is not completed wI'thin 180 days, the petitioner/accused has an indefeasible rig'ht to bail, unless the special court extends the perI'Od uP tO One year on the report of the public Prosecutor, I-ndl'Ca{ing the progress of the investigation and specific reasons for the detention of the accused beyond the initI'al period. 9. Keeping in view of the period of detention undergone by the petI'tiOner in judicial custody for more than 180 days, the nature and gravity of allegation cprfr-. 4 Dr.YLR,J CRL. P. N a. 3792/2025 levelled against the petitioner, and his alleged role in the case, this Court is inclined to enlarge the petitioner on bail with the following stringent conditions: i. The petitioner/Accused No.3 shall be enlarged on bail subject to he executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only), with two sureties each for the like sum each to the satisfaction of the learned I Additional District & sessions Judge - Special Judge for Trial of Offences under lthe NDPS Act'. ii. The .petitioner/Accused No.3 shall appear before the Station House Officer, Narsipatnam P.olice Station, Anakapalle, on every Saturday in between 10:00 am and 05:00 pm, till cognizance is taken by the learned the Trial Court. iii. The petitioner/Accused No.1 shall not leave the limits of the District without prior permission from the learned I Additional District & Sessions Judge -Special Judge for Trial of Offences under {the NDPS Act'. iv. The petitioner/Accused No.3 shall not commit or indulge in commission of any offence in future. v. The petitioner/Accused No.3 shall cooperate with the .investigatin'g' officer in further investigation of the case and shall make themselves available for interrogation by the investigating officer as and when required. 10. To, 5 Dr-YLR,J CRL. P. No. 3792/2O25 vi. The petitioner/Accused No.3 shall not, directly or I-ndirectly, make any inducement, threat or promI-Se to any person acquainted with the facts of the case so as to dissuade hI-m/her from djsclosjng such facts to the court or to any police off['cer. vI-i. The pet,'tl'oner shall surrender his passport, I-f any, to the jnvestjgating officer. lf he claims that he does not have a passport, he shall submit an affidavit to that effect to the Investigating officer. Accordingly, the criminal petl'tl-on is allowed. SD/-G.HELANAID'uI ForJ //TRUE COPY// A S S:SETasISTP`AR FICER 1. The I AdditI'Onal District & sessions Judge-Gum-specI-aI Judge for Trial of Offences under NDPS Act, Visakhapatnam. 2. The Superintendent, central Prison, Visakhapatnam. 3. The Station House Officer, NarsI'Patnam Rural Police Station, AnakapaIIi DI'StriCt. 4. One CC to SRI. PUWALA SRINIVASA RAO Advocate [opuc] 5. Two CCs to PublllC Prosecutor (AP) HI|gh Court ofA.P., Amaravati [OUT]. 6. One spare copy 3|9 soar ifto ff:-;¢: ~ 1 u \\L \\\\ HIGH COURT DR.YLR,J DATED : 23/07/2025 BAIL ORDER CRLP.No.3792 of 2025 ALLOWED I